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O1405 '- e CA:RMM:rmd419a/hpca city Council Meeting 3-24-87 e Santa Monica, California ORDINANCE NUMBER l405(CCS) (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADDING SECTION 4813 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO THE POSTING OF SIGNS REGARDING THE DANGERS OF CONSUMING ALCOHOLIC BEVERAGES DURING PREGNANCY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. . Section 481.3 is added to the Santa Monica Municipal Code to read as follows: SECTION 4813. Signs Warning of Dangers of consuming AlcOholic: Beverages During Pregnancy. (a) Findings and Purpose. Recent research indicates that alcohol consumption during pregnancy may cause irreversible adverse effects on the development of a fetus, resulting in birth defects, including mental retardation, facial abnormalities, and other defects involving heart and bone structure. These adverse effects are known individually as Fetal Alcohol Effects and cOllectively as Fetal Alcohol Syndrome. The pUblic should - 1 - e e be informed that consumption of alcohol during pregnancy may be harmful to a fetus and result in birth defects. (b) Duty to Post. On and after July 1, 1987, any person who owns, operates, manages, leases, or rents a premises offering for sale or dispensing for consideration to the public, alcoholic beverages, including beer and wine, shall cause to be continually displayed on the premises a sign meeting the requirements of subdivision (c) of this section in the places set forth in subdivision (d) of this section. (c) piqn. Each sign required to be displayed pursuant to this Section shall be obtained from the city License Division. The City License Division shall charge for each sign a fee equal to the ci ty I s cost of printing the sign. The signs printed by the City shall contain: (1) A warning in English and in spanish reading substantially as follows: PREGNANCY AND ALCOHOL DO NOT MIX. DRINKING ALCOHOLIC BEVERAGES, INCLUDING BEER AND WINE, DURING PREGNANCY CAN CAUSE BIRTH DEFECTS. - 2 - e . (2) A telephone number to call for further information. (3) A graphic depicting the contents of the sign. (d) Placement. A sign required by this section shall be placed as follows: (1) Where the sale or dispensing of alcoholic beverages, including beer and wine, to the public is primarily intended for consumption off the premises, at least one sign shall be so placed as to assure that it is readable from all locations at which said sale or dispensing occur. (2) Where the sale or dispensing of alcoholic beverages, including beer and wine, to the public is primarily provided through over-the-counter service, at least one sign shall be placed to assure that it is readable from all counter locations available to the public. In addition, at least one sign shall be placed to assure that it is readable in each public restroom. (3) Where the sale or dispensing of alcoholic beverages, including beer and wine, to the public is - 3 - e e primarily provided for consumption on the premises by the public at tables served by food or beverage service persons, at least one sign shall be placed to assure it is readable by the public entering the premises; provided, however, that notices may be placed or displayed at each of the tables in a manner which will assure that the notices are as readily visible and readable as materials provided to the public which list food and beverage prices. In addition to other sign locations, at least one sign shall be placed to assure that it is readable in each public restroom. (e) violations. Violations of this Section shall be punished as follows: (I) Any person who violates this section shall be guilty of an infraction subject to a fine of not less than $50.00 and not more than $150.00. (2) Any person who violates this Section after having received written notice from the City to comply with this section shall be guilty of a misdemeanor. SECTION 2. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of - 4 - It . this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 3. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The city Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 4. The Mayor shall sign and the city Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. APPROVED AS TO FORM: ~k.~ ROBERT M. MYERS 0--- City Attorney - 5 - " e . I hereby certify that the foregoing Ordinance No. 1405(CCS) , 1987. was duly and regularly a meeting of the City Council on the loth day of March 1987; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 24th day of March 1987 by the following Council vote: Ayes: Councilmembers: Finkel, Jennings, A. Katz, Reed, Zane and Mayor Conn Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: H. Katz . - ~ .' - '- -: - - .- -. ~ ATTEST: . -- ~ ~.:7h~~: City ~:erk -: ; - - ~